Article Published - "Manuel v. Joliet: Blocking the Courthouse Door to Victims of Police Misconduct"
(Read article here)
Brief Filed Defending Right to Sue Based on Fourth Amendment
Manuel v. City of Joliet (Read brief here)
October 4, 2016
Article
Yesterday, the American Thinker published Jeremiah Morgan's article about the amicus brief we filed in Manuel v. City of Joliet. The U.S. Supreme
Court will hear oral argument in this case tomorrow, Wednesday, October 5. The article explains why victims of police misconduct should be able
to bring a Fourth Amendment-based suit when police fabricate evidence to obtain an indictment.
Amicus Brief
Our amicus brief filed May 9, 2016, argued that individuals should not be blocked from bringing malicious prosecution cases based on a violation of
the Fourth Amendment against police misconduct in federal court. The lower courts dismissed the Fourth Amendment-based claim on the ground that
an indictment had been issued by a grand jury, and Manuel could sue only under the Due Process clause and only if the state does not provide an
appropriate cause of action (which the courts have held Illinois does).
We explained that the Fourth Amendment protects against government intrusion into an individual's property interest in their own person, just as
the Supreme Court confirmed last year in Grady v. North Carolina, relying on United States v. Jones and Florida v. Jardines. Thus, the Fourth
Amendment protection continues even after indictment, sustaining a cause of action for malicious prosecution.
Our brief was filed on behalf of United States Justice Foundation, Downsize DC Foundation, DownsizeDC.org, Gun Owners Foundation, Gun Owners of
America, Conservative Legal Defense and Education Fund, and Institute on the Constitution.
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